PUJAR CHANDARAPPA vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 29 DAY OF OCTOBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

AND

THE HON'BLE MR. JUSTICE B.PRAMOD

CRIMINAL APPEAL NO. 185 OF 2020 (C)


BETWEEN:

PUJAR CHANDARAPPA
S/O DHYAMAPPA
AGED ABOUT 38 YEARS,
LABOURER,
R/O HULLIKINTE VILLAGE,
DAVANAGERE TALUK AND
DISTRICT – 577001.
…APPELLANT







(BY SRI. A. HANUMANTHAPPA, ADVOCATE)


AND:

THE STATE OF KARNATAKA
REPRESENTED THROUGH
CIRCLE POLICE INSPECTOR
RURAL CIRCLE,
DAVANAGERE – 577001.
…RESPONDENT
Digitally signed
by
SHARADAVANI
B
Location: HIGH
COURT OF
KARNATAKA

(BY SMT. SOWMYA R., HCGP)
THIS CRL.A IS FILED U/S 374(2) OF CR.P.C. TO SET
ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF
SENTENCE DATED 20.09.2019 PASSED BY THE PRINCIPAL

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DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN
S.C.NO.35/2017 - CONVICTING THE APPELLANT/ACCUSED FOR
THE OFFENCE P/U/S 302 AND 504 OF IPC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
and
HON'BLE MR. JUSTICE B.PRAMOD

ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

This appeal is preferred by the accused against
the judgment of conviction and sentence dated
20.09.2019 passed by the Principal District and
Sessions Judge, Davangere in S.C.No.35 of 2017
(hereinafter referred to as the 'Trial Court').
2. By the impugned judgment, the trial Court
has sentenced the accused to undergo life
imprisonment for the offence punishable under Section
302 of Indian Penal Code (for short, 'IPC') and to pay

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fine of Rs.25,000/- and in default of payment of fine,
to undergo SI for a period of one year. Further, he has
been sentenced to undergo SI for a period of three
months for the offence punishable under Section 504
of IPC.
3. Heard Sri A. Hanumanthappa, learned counsel
for the appellant, Smt. Sowmya R., learned High Court
Government Pleader for respondent-State and perused
the evidence and material on record.
4. It is the case of the prosecution that, on
01.01.2016 at about 8.00 p.m, in front of
Dyamalamba Temple road, situated at Bhovi Hatti in
Hulikatte village, when the deceased Gurappa @
Gurumurthy and other villagers were discussing about
selling of liquor during Chowdamma Devi Fair, the
accused picked up a quarrel with the deceased,
intentionally insulted him and with an intention to

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commit his murder, assaulted him by means of hands
and kicked him on his chest, face and also assaulted
with the stone on his back and neck. As a result of the
said assault, Gurappa died, while undergoing
treatment at Wenlock Hospital, Mangalore on
15.01.2016 at about 3.00 a.m.
5. The statement of Gurappa was recorded on
05.01.2016 by PW.20 at SSI Hospital, Davangere, as
per Ex.P24. Based on the said statement/complaint, a
case was registered against the accused in Crime
No.3/2016 of Davangere Rural Police Station, for the
offences punishable under Section 506, 504, 324 and
323 of IPC. After the death of Gurappa, Section 302 of
IPC was incorporated. Upon completion of
investigation, the charge sheet was filed against the
accused for the offences punishable under Section 504
and 302 of IPC.

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6. The accused denied the charges levelled
against him for the aforementioned offences. In order
to establish the said charges, the prosecution in all got
examined PW.1 to PW.22 and got marked Exs.P1 to
P26 and MO.1.
7. The accused denied all the incriminating
evidence appearing against him while he was
examined under Section 313 of Cr.PC. During the
cross-examination of the witnesses, a defense was
taken that the deceased was addicted to alcohol and
he sustained injuries due to a fall in the drainage after
consuming alcohol and succumbed to those injuries.
However, no defense evidence was led.
8. It is contended by the learned counsel for the
appellant that all the witnesses who have supported
the case of the prosecution are closely related to the
deceased and they are interested witnesses. None of

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the independent witnesses have supported the
prosecution case. Hence, the evidence of the
interested witnesses namely, PW.4 to PW.7 cannot be
believed. He contended that there is an inordinate
delay in lodging the complaint, the medical documents
pertaining to the deceased regarding the treatment
given at CG Hospital, Davangere, NIMHANS,
Bengaluru and Wenlock Hospital, Mangalore are not
produced. He contended that the deceased was a
drunkard and the possibility of he sustaining injuries
due to a fall after consumption of alcohol is not ruled
out. He therefore, contended that the trial Court
committed a grave error in convicting the accused for
the offences charged against him.
9. Per contra, the learned HCGP has contended
that the reason for lodging the complaint belatedly has
been explained in Ex.P24. PW.4 to PW.7 are the

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eyewitnesses to the incident and merely because they
are related to the deceased, by itself is not a ground
to disbelieve their evidence. Further, contended that,
the deceased took treatment at various hospitals and
ultimately succumbed to the injuries sustained by him
during the incident and the PM report clearly reveals
that the deceased died on account of the injuries
sustained by him in the incident and therefore, the
trial Court has rightly convicted the accused for the
offences charged against him.
10. The incident took place on 01.01.2016 at
about 8.00 p.m, in front of Dyamalamba Temple road,
situated at Bhovi Hatti in Hulikatte village. It is the
case of the prosecution that the deceased Gurappa @
Gurumurthy and other villagers were discussing about
selling of liquor during Chowdamma Devi fair and at
that time, the accused picked up a quarrel with the

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deceased, abused him in filthy language, assaulted
him with hands, kicked him and further assaulted him
with the stone and also threatened him not to lodge
any complaint. As per Ex.P24, the statement of the
deceased, on 03.01.2016 he took treatment at one
Anaji Hospital. The villagers advised him not to lodge
any complaint. Later, he developed pain, hence, on
04.01.2016, he took treatment at CG Hospital,
Davangere and for higher treatment, he was admitted
at SSI Hospital, Davangere.
11. PW.20, Head Constable, Davangere Rural
Police Station, on receiving the information on
05.01.2016, visited SSI Hospital, recorded the
statement of the injured, marked as Ex.P24 and
registered the case against the accused. The material
on record reveals that on 08.01.2016, the injured got
discharged from SSI Hospital, Davangere and later

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shifted to NIMHANS, Bengaluru and from there shifted
to Wenlock Hospital, Mangalore where he died on
15.01.2016 at about 3.00 a.m.
12. The prosecution has got examined PW.17-
Dr.Vishwambara Shetti V., of one Krishna Clinic in
Anaji, who gave first aid treatment to the injured. He
has issued a Certificate, marked as Ex.P21. Further,
PW.16-Dr.Ramesh S. Kotyan has been examined, who
treated the injured at S.S. Hospital, Davangere.
13. PW.17 has deposed that on 16.01.2016
(03.01.2016), the injured came to the Hospital along
with a boy with the history of assault stating that he
was assaulted on his back, chest and neck. He gave
first aid and referred him to Davangere Hospital. We
have perused Ex.P21, Certificate issued by PW.17,
which reveals that the injured came to the Hospital in
a critical condition and he was given pain killers and

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referred to Davangere Hospital for further treatment.
In the cross-examination, PW.17 has stated that he
issued Ex.P21-Certificate to the Police about a month
later.
14. PW.16 has deposed that on 04.01.2016 at
about 10.40 p.m., the injured was admitted in the
hospital with the history of assault. On enquiry, the
injured informed him that on 01.01.2016, one person
assaulted him. He has stated that the injured was
discharged from the hospital on 08.01.2016 at 03:45
p.m. Further stated that the injured (CW1) was
conscious on 04.01.2016 and 05.01.2016 and he was
in a fit condition to give the statement to the police on
05.01.2016 and he issued a Certificate-'Ex.P20'.
15. In the cross-examination, PW16 has stated
that the movement position of the injured was not
intact in respect of upper and lower limbs. They

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provided necessary treatment to him. The injured had
suffered no other injuries except that he was not able
to move with the help of limbs. He has further stated
that the injured got discharged from the hospital
against the medical advise.

16. We have perused Ex.P20, which reveals that
the injured (deceased) was admitted in the hospital on
04.01.2016 at 10:45 p.m. He was initially treated at
CG Hospital, Davangere and came with the history of
assault at 08:00 p.m. on 01.01.2016. He was not able
to move his upper limb and lower limb. He was
conscious, oriented on 04.01.2016 and also conscious
on 05.01.2016 as per treating doctor. He was brought
by his son Manjunath (PW6). He was discharged
against medical advise on 08.01.2016 at 03:45 p.m.
17. In Ex.P24 itself, we find as to why there was
delay in lodging the complaint. It is stated that the

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villagers had advised the injured not to lodge any
complaint. As per Ex.P20 and the evidence of PW16,
the injured was conscious, well oriented when he was
admitted at SS Hospital, Davangere. He gave the
history of assault. His statement as per Ex.P24 was
recorded in the said hospital by PW20. He has named
the accused as the one who assaulted him with hands
and stone and also kicked him. The evidence of PW.4
to PW.7, the eyewitnesses to the incident also
establishes that it was the accused who assaulted the
deceased with hands and stone and also kicked him.
18. PW.4, PW.5 and PW.6 are the wife and
children of the deceased and PW7 is the nephew of the
deceased. The contention of the learned counsel for
the appellant that PW.3 to PW.7 are closely related
and therefore, their evidence is not believable, cannot
be accepted. Merely because they are closely related

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to the deceased is not a ground to disbelieve their
evidence. They have withstood the cross-examination
and denied the suggestion made to them that the
deceased had consumed alcohol and he sustained
injuries due to fall.
19. PW3, brother of the deceased has deposed
regarding the daughter and the daughter-in-law of the
deceased informing him about the assault made by
the accused and immediately rushing to the spot. On
enquiry, his brother told him that it was the accused
who assaulted him and also complained about the pain
in the chest and back. He has stated that after two
days, he took his brother to Anaji Hospital and then
took him to CG Hospital, Davangere and from there,
to SS Hospital, Davangere and after 4 to 5 days, he
was taken to NIMHANS, Bengaluru and from there to

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Wenlock Hospital, Mangalore wherein, he died while
undergoing treatment.
20. A perusal of the entire evidence and material
on record goes to show that the accused had no
previous animosity against the deceased. None of the
witnesses have deposed that the accused had any
enmity against the deceased. When the deceased and
other villagers were discussing about selling liquor
during the village fair, it appears that a quarrel took
place between the accused and the deceased and in
the said quarrel, accused assaulted the deceased
initially with bare hands and kicked him. Thereafter,
he assaulted him with stone which was lying on the
ground, on his chest and back. The incident took place
at about 08:00 p.m. on 01.01.2016. The injured
Gurappa received first aid treatment at one Krishna
Clinic on 03.01.2016. He was then referred to CG

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Hospital, Davangere. On 05.01.2016, he got admitted
at SSI Hospital, Davangere. As per Ex.P20 and the
evidence of PW16, he got discharged from the said
hospital on 08.01.2016, against medical advise.
Thereafter, he took treatment at NIMHANS, Bangalore
and Wenlock Hospital, Mangalore. The treatment given
to the injured at CG Hospital, Davangere, NIMHANS,
Bengaluru and Wenlock Hospital, Mangalore are not
forthcoming. He died on 15.01.2016 at Wenlock
Hospital, Mangalore, while undergoing treatment. As
per the P.M. report-Ex.P15, the cause of death is due
to fracture-dislocation of cervical vertebra due to blunt
force trauma to the head and neck. PW.13, on
examination of the stone, which was seized in this
case under a mahazar-Ex.P3 has opined that the
external injuries mentioned in PM report are unlikely
to be caused by the said weapon, but the internal
injuries resulting in fracture-dislocation of cervical

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vertebra can be caused when the said examined
weapon is used as a weapon of offence. He has stated
that the possibility of death resulting from fracture-
dislocation of the cervical vertebra, when the above
examined weapon is used as weapon of offence
cannot be ruled out. In the cross-examination, PW13
has stated that he has not seen fracture in the
deceased's skull portion.
21. From the above material on record, we are of
the considered view that the act committed by the
accused would not fall under the definition of murder.
On the other hand, in a quarrel, without any
premeditation and intention to cause death, accused
has assaulted the deceased with hands and with stone
and also kicked him, having knowledge that such act
would result in injuries which may result in death.
Hence, the offence committed by the accused would

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fall under the definition of culpable homicide not
amounting to murder punishable under Section 304
Part II of IPC.
22. The appellant/accused was in custody during
trial for a period of 1 month 3 days and after his
conviction and till the sentence was suspended, he
was in custody from 20.09.2019 till 20.07.2022. In all,
he has undergone incarceration for a period of 2 years
11 months.
23. It is submitted that the accused is a married
man, having his wife and children and he is eking out
his livelihood by doing coolie work. He has no criminal
antecedents.
24. The incident took place in the year 2016.
Already ten years have been lapsed. No purpose
would be served by sending the accused to prison at
this stage. Instead, sufficient fine can be imposed,

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which may be directed to be paid to the wife of the
deceased as compensation. Hence, the following:
ORDER


i. The appeal is allowed-in-part .

ii. The judgment and order dated 20.09.2019
passed by the Court of the Principal District and
Sessions Judge at Davangere, in Sessions Case
No.35 of 2017, convicting and sentencing the
appellant/accused for the offence punishable
under Section 302 of IPC is hereby set aside.

iii. The appellant / accused is convicted for the
offence punishable under Section 304 Part II of
IPC.

iv. The conviction and sentence passed by the trial
Court for the offence punishable under Section
504 of IPC is confirmed.

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v. The accused is sentenced for the period of
imprisonment already undergone by him.

vi. He shall pay fine of Rs.1,00,000/- (Rupees One
Lakh only), which shall be deposited before the
Trial Court, within a period of thirty days from
the date of receipt of a copy of this order.

vii. In default of payment of fine, the accused shall
undergo S.I. for a period of one year.

viii. If any amount has been deposited earlier
towards fine, the same shall be deducted from
the amount of Rs.1,00,000/-.

ix. On deposit/recovery, a sum of Rs.1,00,000/-
shall be paid to PW.4-Mallamma, wife of the
deceased, as compensation.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE


Sd/-
(B.PRAMOD)
JUDGE


MKM
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